IAS Mains Law Papers 1992

IAS Mains Law Science 1992

Paper I

Section A

Answer any three of the following (each answer should be in about 200 words):

An authority is State withing the meaning of Article 12 of the Constitution of India if it is an agency or instrumentality of State. How is it determined whether an authority is an agency or instrumentality of State or not?

Arbitranness is the very antithesis of equality. Discuss.

In matters of larger public interest the requirement of locus standi has been liberally construed. Illustrate your answer with reference to decided cases.

The Supreme Court has been assigned the role of a sentinel on the qui vive for the protection of the fundamental rights. Discuss.

Answer the following questions

The reservation policy adopted in India in the last four decades has failed to promote social justice. On the contrary it has led to social friction, conflict and disharmony. It has been called a case of right goal, wrong strategy. Critically examine this statement and suggest measures to protect the interest of socially, educationally and economically backward classes of people.

In exercise of powers conferred on him under paragraph 6 of the Tenth Schedule to the

Constitution, the Speaker of Lok Sabha gives his decision on, questions as to disqualification of some Members on ground of defection. The aggrieved members file a writ prtition against the decision of the Speaker in the Supreme Court not withstanding a Bar to jurisdiction of all

Courts under paragraph 7 of the said schedule. Decide.

Answer the following questions

The right to freedom of religion has neither created a secular State in India nor promoted secular outlook in public life. Critically examine the above statement and suggest measures necessary to promote a secular social order in which secular State may grow.

The power given to the Union Government to impose Presidents rule in the State is not consistent with the concept of federalism. Discuss the above statement and give your own suggestion to safeguard against the abuse of the said power.

Discuss any three of the following making reference to decided cases

Amending power has been exclusively assigned to the Union Parliament except when the amendment involves amendment of the federal provisions.

Parliament is the sole judge in matters involving parliamentary privileges and immunities except when it is the question concerning the personal liberty of a citizen.

Doctrine of pleasure in relation to civil servants has been largely watered down by the specific constitutional safeguards guaranteed by the Constitution.

Distribution of legislative powers between the Union and the States has been heavily tilted in favour of the Union by a liberal interpretation of the residuary power clause by the Supreme

Court.

Section B

Answer any three of the following (each answer should be in about 200 words):

Declaration of the Rights of the child adopted by the General Assembly of the United Nations in 1959 has largely remained merely a declaration without any matching activity to improve the lot of the children. Discuss.

Since the law of nations primarily deals with the States, relations between States are the only subjects of International Law. Critically examine.

Common Consent of the family of nations is the basis of international law. Discuss.

Recognition of the State is not a legal but political action. Explain and illustrate.

Answer the following questions

No State has a right to intervene directly or indirectly for any reason whatever in the internal of external affairs of another State. Define intervention and state various kinds of intervention. Explain in this context the term self-help and self-defence.

Define extradition. State the essential conditions for extradition. Explain the relationship of extradition with asylum. Can a country having extradition treaty with India refuse to surrender a terrorist charged of murder on the ground that it has granted him asylum?

Answer the following questions

The principal object of international law has been to ensure peaceful settlement of international disputes. The United Nations has made special efforts to evolve mechanism to achieve this object. Explain how the system works and how far it has succeeded in its work.

Discuss the rules of International Law concerning State Responsibility in case of expropriation of foreign property situated within the expropriating State. Is the State responsible for the acts of its citizens?

Write short notes on any three of the following:

Legal control of nuclear weapons.

Use of force when lawful?

How to ensure democracy in the Security Council?

Indias record of enforcement of Human Rights.

Paper II

Section A

Answer any three of the following (each answer should be in about 200 words):

An offer cannot be accepted after it has been terminated or negatived. Explain when an offer ceases to be capable to acceptance.

If there has been a substantial though not exact and literal performance by the prmoisor, the promisee cannot treat himself as discharged. Explain. What is remedy in such a case regarding the deficiency in performance?

Under what circumstances is it permissible for a principal to revoke the authority given to an agent? From what date does the revocation operate?

What is the purpose served by crossing a cheque? What is effect of adding not negotiable to crossing?

Answer the following questions

Discuss how far the performance of something which the promisee is already under a legal obligation to perform can from consideration for a promise.

The Government has notified an order under an appropriate statute that no one shall buy or sell a particular explosive substance except under a licence obtained from the authority specified. As has obtained a-license to buy, but B, who has no license to sell, represents to A that he has license to sell and induces him to enter into a contract for the sale of a certain quantity of the explosive. A pays a part of the price. A learns that B has no license to sell and has no change of obtaining in within a reasonable time. Can A sue to recover the advance paid? If B delivers the commodity as promised, can be recover the balance of the price from

A, when it is clear to the court that the sale is prohibited?

Answer the following questions

Under a contract of sale of goods, what are the rights and duties of the seller and buyer regarding the delivery and acceptance of the goods agreed to be sold?

X, a company which manufactures a certain type of goods, has 4 units of new and sophisticated machinery to manufacture the goods. Such units are not easily available in the market. Y, another company which is just formed and is expected to go into production two years hence, enters into a contract with X to buy 2 of those units. Later Y company gets merged in the manufacture and sale of the particular type of goods. Z can immediately start production using the new units. X refuses to sell the units to Z. Can Z sue for specific performance of the contract?

Answer the following questions

What are services as defined by the Consumer Protection Act, 1986? Do medical services provided in a nursing home come withing the scope of the Act? Under what conditions does a complaint lie under the Act in respect of services?

P and Q who are marred, agree to separate and P, the husband, promises Q to pay Rs. 1000 every month so long as she remains unmarried. Is the contract enforceable? What is the position if the agreement is that should any contingency arises at any time in future for them to separate, P will pay in that manner?

Section B

Answer any three of the following (each answer should be in about 300 words):

Explain how far the minority of the accused person may be pleaded as ground of defence in a criminal prosecution.

What is meant by stolen property? When is receiving stolen property an offence?

When can a defendant plead voluntary assumption of risk by the plaintiff as a groung of defence in an action in tort?

What is meant by innuendo? What are the facts which the plaintiff must prove or establish in order to sustain a plea of innuendo?

Answer the following questions

Assuming that the accused person had no f1tention to cause the death of the deceased, but had only intention to cause bodily injury, explain when the accused may be held guilty of murder, culpable homicide not amounting murder, or only voluntarily causing grievous hurt.

P, aged 17 years, the daughter of Q, develops friendship with a young man living in a neighbouring house, She wants to marry him. On leaning this, Q takes her and entrusts her to 5, a relative living in a different part of the same city. Shortly thereafter, P goes out of Ss house and calls Ron the telephone. R joins her and both go to a temple and go through a ceremony of marriage. Then both go from place to place for some days as husband and wife until the police arrest them on a complaint of kidnapping given by Q. R is prosecuted for the offence of kidnapping with intent to compel P to marry. Can R be held guilty of the offence?

Answer the following questions

Explain the elements of the tort of private nuisance.

A, the owner of a house, allows the branches of a tree in his compound to overhang the adjoining highway. B, a driver of the city bus corporation, drives a bus negligently very close to the overhanging branches so that the branches injured a passenger in the bus through a window, and he loses his eyes. From whom can the passenger recover damages for the loss of amenity, from B, the city bus corporation, or A, or from all the three?

Answer the following questions

If an offence is committed by a company under the Prevention of Food Adulteration Act, 1954, in course of manufacturing a particular food for sale. Who are the persons liable to be prosecuted?

I alleges that A, a Government servant, sought a bribe from him. I writes to Xs superior complaining against X. He follows it up by sending copies of the complaint to some

Members of Parliament and representatives of the press. X denies the truth of the allegations